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by Keith B
Wed Jan 25, 2012 11:41 am
Forum: General Texas CHL Discussion
Topic: A Defense to the Prosecution
Replies: 40
Views: 5939

Re: A Defense to the Prosecution

wgoforth wrote:I guess I try to see everything as black or white (preacher in me). I am thinking, well...if it is legal, why can't the Penal Code just say it is? If not, say it's not. Unlike with the Bible, the legislatures who wrote this are here to ask what they meant by it.
I won't get into the what's black and white in the Bible and what's not discussion. :biggrinjester:

However, I think they are written that way on purpose. Section (i) defeinately says 'does not apply' and that makes it legal. I believe the one for section (k) that was put in place in 2007 was purposly written to give the option of giving the DA the capability of arguing that any reasonable person should know that a specific location was a 51% bar/tavern, gentlemens club, dance hall, etc, because it sells little to no food and makes their money only on drinks, visible sign or not.
by Keith B
Wed Jan 25, 2012 11:29 am
Forum: General Texas CHL Discussion
Topic: A Defense to the Prosecution
Replies: 40
Views: 5939

Re: A Defense to the Prosecution

:iagree: All that means is you have an arguable defense if you are charged. A good example is the change made to 46.035 (k) that makes it a defense to prosecution if you carry into a 51% location and were not given effective notice per the rules on sign posting.

Hopefully this could be used as an argument to get a DA to not press charges, or at least drop them before they took you to court.

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